C.Paul Barnabas v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Paul Barnabas ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary Transport Department Government of Tamil Nadu, Fort St. George Chennai 600 009.

2. The Transport and Road Safety Commissioner Government of Tamil Nadu Ezhilagam, Chepauk Chennai 600 005.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to regulate strictly the commercial transport vehicle drivers to wear the uniforms while operating the vehicles in the public roads.

For the Petitioner : Mr.P.James Victor Rajkumar For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 & 2 Mr.P.S.Raman Senior Counsel/Amicus Curiae

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.James Victor Rajkumar, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 and 2 and Mr.P.S.Raman, learned Senior Counsel/ Amicus Curiae.

2. Learned counsel for the petitioner submits that the respondents may be directed to implement Rule 37(iv) of the Tamil Nadu Motor Vehicle Rules, 1989 and to regulate strictly the commercial transport operators to wear uniform while operating the vehicles in public road.

3. An affidavit is filed by the respondents. According to the

respondents, the Government is implementing the provisions and the Rules and insisting the drivers (transport operators) of the transport vehicles to wear the uniform as prescribed under Rule 37(iv) of the Rules, 1989. Even G.O.No.758 dated 19.10.2022 is also issued.

4. Learned Special Government Pleader submits that the traffic violators are fined and also action is taken as per the Rules.

5. In view of that, the relief claimed by the petitioner does not survive.

6. We appreciate the assistance rendered by Mr.P.S.Raman, learned Senior Counsel appointed as amicus curiae.

7. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 02.11.2023 Index :

Yes/No :

Yes/No

kpl To

1. The Secretary Transport Department Government of Tamil Nadu, Fort St. George Chennai 600 009.

2. The Transport and Road Safety Commissioner Government of Tamil Nadu Ezhilagam, Chepauk Chennai 600 005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 02.11.2023